Health, Health Systems Improvement, Emergency Medical Services

Section R426-14-301

Application, Department Review, and Issuance

Notice of Proposed Rule

(Amendment)

DAR File No.: 33125
Filed: 11/02/2009 12:59:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

At the request of local governments, licenses issued through request for proposal processes may be modified during the four-year renewal period.

Summary of the rule or change:

Subsection R426-14-301(6) is added to permit local governments to request changes to licenses issued through the request for proposal process to be modified during the four-year renewal period.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 8a

Anticipated cost or savings to:

the state budget:

Fees for re-licensing are assessed by the Department to recover expenditures for staff time and materials used during the application and review process. Therefore, no impact on the state budget is anticipated.

local governments:

If a local government chooses to request an action permitted by this rule change there are voluntary fees and costs. The fees and costs are at the discretion of the local government desiring to make changes allowed under the amendment to the rule.

small businesses:

Any change in the license process allowed under the rule amendment will require the consent of all affected businesses and other parties involved. Resulting changes in business practices will be at the discretion of the businesses participating in providing ambulance services.

persons other than small businesses, businesses, or local governmental entities:

Any change in the license process allowed under the rule amendment will require the consent of all affected businesses and other parties involved. Resulting changes in business practices will be at the discretion of the businesses participating in providing ambulance services.

Compliance costs for affected persons:

No new compliance activities are required by this rule. Therefore, no compliance costs are anticipated.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change gives added flexibility to regulated business. Use of the process may only occur when private, local and state consensus exists that this process should proceed.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/23/2009

Authorized by:

David Sundwall, Executive Director

R426. Health, Health Systems Improvement, Emergency Medical Services.

R426-14. Ambulance Service and Paramedic Service Licensure.

R426-14-301. Application, Department Review, and Issuance.

(1) An applicant desiring to be licensed or to renew its license shall submit the applicable fees and an application on Department-approved forms to the Department. As part of the application, the applicant shall submit documentation that it meets the requirements listed in R426-14-300 and the following:

(a) a detailed description and detailed map of the exclusive geographical area that it will serve;

(i) if the requested geographical service area is for less than all ground ambulance or paramedic services, the applicant shall include a written description and detailed map showing how the areas not included will receive ground ambulance or paramedic services;

(ii) if an applicant is responding to a public bid as described in 26-8a-405.2 the applicant shall include detailed maps and descriptions of all geographical areas served in accordance with 26-8a-405.2 (2).

(b) for an applicant for a new service, documentation showing that the applicant meets all local zoning and business licensing standards within the exclusive geographical service area that it will serve;

(c) a written description of how the applicant will communicate with dispatch centers, law enforcement agencies, on-line medical control, and patient transport destinations;

(d) for renewal applications, a written assessment of field performance from the applicant's off-line medical director; and

(e) other information that the Department determines necessary for the processing of the application and the oversight of the licensed entity.

(2) A ground ambulance or paramedic service holding a license under 26-8a-404, including any political subdivision that is part of a special district or unified fire authority holding such a license, may respond to a request for proposal if it complies with 26-8a-405(2).

(3) If, upon Department review, the application is complete and meets all the requirements, the Department shall:

(a) for a new license application, issue a notice of approved application as required by 26-8a-405 and 406;

(b) issue a renewal license to an applicant in accordance with 26-8a-413(1) and (2);

(c) issue a license to an applicant selected by a political subdivision in accordance with 26-8a-405.1(3);

(d) issue a four-year renewal license to a license selected by a political subdivision if the political subdivision certifies to the Department that the licensee has met all of the specifications of the original bid and requirements of 26-8a-413(1) through (3); or

(e) issue a second four-year renewal license to a licensee selected by a political subdivision if:

(i) the political subdivision certifies to the Department that the licensee has met all of the specifications of the original bid and requirements of 26-8a-413(1) through (3); and

(ii) if the Department or the political subdivision has not received, prior to the expiration date, written notice from an approved applicant desiring to submit a bid for ambulance or paramedic services.

(4) Award of a new license or a renewal license is contingent upon the applicant's demonstration of compliance with all applicable statutes and rules and a successful Department quality assurance review.

(5) A license may be issued for up to a four-year period. The Department may alter the length of the license to standardize renewal cycles.

(6) Upon the request of the political subdivision and the agreement of all interested parties and the Department that the public interest would be served, the renewal license may be issued for a period of less than four years or a new request for the proposal process may be commenced at any time.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [January 1, 2004]2009

Notice of Continuation: July 28, 2009

Authorizing, and Implemented or Interpreted Law: 26-8a